By Pickett                                      H.B. No. 1346

      75R5279 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain inactive licenses in the regulation of the real

 1-3     estate industry; imposing a fee.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11, The Real Estate License Act (Article

 1-6     6573a, Vernon's Texas Civil Statutes), is amended to read as

 1-7     follows:

 1-8           Sec. 11. [(a)] The commission shall charge and collect the

 1-9     following fees:

1-10                 (1)  a fee not to exceed $100 for the filing of an

1-11     original application for a real estate broker license;

1-12                 (2)  a fee not to exceed $100 for annual renewal of a

1-13     real estate broker license;

1-14                 (3)  a fee not to exceed $50 for the filing of an

1-15     original application for a real estate salesman license;

1-16                 (4)  a fee not to exceed $50 for annual renewal of a

1-17     real estate salesman license;

1-18                 (5)  a fee not to exceed $25 for an application for a

1-19     license examination;

1-20                 (6)  a fee not to exceed $20 for filing a request for a

1-21     license for each additional office or place of business;

1-22                 (7)  a fee not to exceed $20 for filing a request for a

1-23     license for a change of place of business, change of name, return

1-24     to active status, or change of sponsoring broker;

 2-1                 (8)  a fee not to exceed $20 for filing a request to

 2-2     replace a license lost or destroyed;

 2-3                 (9)  a fee not to exceed $400 for filing an application

 2-4     for approval of an education program under Section 7(f) of this

 2-5     Act;

 2-6                 (10)  a fee not to exceed $200 a year for operation of

 2-7     an education program under Section 7(f) of this Act;

 2-8                 (11)  a fee of $15 for transcript evaluation;

 2-9                 (12)  a fee not to exceed $10 for preparing a license

2-10     history;

2-11                 (13)  a fee not to exceed $50 for the filing of an

2-12     application for a moral character determination;

2-13                 (14)  an annual fee of $20 from each real estate broker

2-14     to be transmitted to Texas A&M University for the Texas Real Estate

2-15     Research Center as provided by Section 5(m) of this Act; [and]

2-16                 (15)  an annual fee of $17.50 from each real estate

2-17     salesman to be transmitted to Texas A&M University for the Texas

2-18     Real Estate Research Center as provided by Section 5(m) of this

2-19     Act; and

2-20                 (16)  a fee not to exceed $15 for maintaining a license

2-21     on inactive status for not more than five years after the date the

2-22     license becomes inactive.

2-23           SECTION 2.  Section 13A, The Real Estate License Act (Article

2-24     6573a, Vernon's Texas Civil Statutes), is amended by adding

2-25     Subsections (d), (e), and (f) to read as follows:

2-26           (d)  The commission shall notify a person whose license is

2-27     on inactive status or  a person who is applying for inactive status

 3-1     of the fee imposed under Section 11(16) of this Act. A licensee who

 3-2     does not pay the fee before the 31st day after the date of

 3-3     notification may be denied inactive status or removed from inactive

 3-4     status.

 3-5           (e)  The commission may remove a person from  inactive status

 3-6     if that person has been on inactive status  continuously for five

 3-7     years from the date the person was first classified as inactive.

 3-8     At least 30 days before the date of removal of a person from

 3-9     inactive status, the commission must notify that person by

3-10     certified mail at the last known address according to commission

3-11     records that the person will be removed from inactive status.

3-12           (f)  All fees collected for the maintenance of a person on

3-13     inactive status shall be remitted to the comptroller for deposit to

3-14     the credit of an account in the general revenue fund.  Money in the

3-15     account may be appropriated only for administration of this Act.

3-16           SECTION 3.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.